People v. Wallace

Citations

• 101 Cal. 281
• 35 P. 862
• 1894 Cal. LEXIS 1026

Syllabus

<p>Criminal Law—Plea of Not Guilty—Form of Plea.—Where the defend, ant in a criminal action interposes a plea of “not guilty” of the charge as stated in the information, such plea entered in the minutes of the court is substantially in the form described by section 1107 of the Penal Code, which requires a plea of not guilty to state substantially that “ the defendant pleads that he is not guilty of the offense charged.”</p> <p>Id.—Trial—Challenge to Panel of Jury—Nonresidence of Jurors— Special Venire.—The only ground of challenge to the panel of a jury summoned by special venire is “bias of the officer who summoned them,” as provided in section 1064 of the Penal Code, and a challenge of such panel on the ground that they are nonresidents of the county is not admissible, and the court is not bound to try an issue of fact thereon because the district attorney states that the prosecution denies the challenge.</p> <p>Id.—Residence of Juror—Formation of New County.—Where a juror, upon a criminal trial in San Bernardino county, was challenged on the ground that he was not a resident of that county, but of the new county of Riverside, the challenge is properly overruled where it appears that the trial took place three days before the returns of the election were declared by which the county of Riverside came into existence.</p> <p>Id.—Judicial Notice—Existence of New County.—Whether or not a new county had been created and existed at the time of the trial of a criminal action, is a matter of judicial notice, where the act for the organization of the county declares that it shall be and become an organized county from and after the day upon which the returns of an election in favor of creating it shall be ascertained and declared by the board of commissioners.</p> <p>Id.—Assault With Deadly Weapon With Intent to Murder—Conviction of Less Offense—Harmless Error in Instructions.—Where a defendant, accused with an assault with a deadly weapon with intent to murder, is convict